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Let's Decriminalise Signs of Mental Illness

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Nyakundi Report

Newsroom 2 min read

This archive report was first published on 5 January 2020.

On January 5, 2020, Associate Professor of Psychiatry Lukoye Atwoli wrote in the Nation that Kenya's approach to addressing mental health issues is misguided. He argued that the country's over-reliance on legal solutions has led to the criminalisation of mental illness, with devastating consequences.

Atwoli pointed out that when people struggle with substance abuse, the initial reaction is often to suggest more stringent laws to get them off the streets and into the legal justice system. However, this approach ignores the underlying psychological or social problems that often drive substance abuse.

As a result, remand centres and correctional facilities are filled with people arrested for possessing or using certain 'banned substances'. A significant proportion of these individuals have only been experimenting with the substance, and their incarceration results in unnecessary loss of productivity to the economy.

Furthermore, for those with underlying psychological problems, incarceration does little to improve access to needed medical, psychological, and social interventions that would have dealt with the problem and forestalled future complications.

Atwoli also highlighted the issue of attempted suicide, which has been criminalised in many countries, including Kenya. He argued that arresting someone who has tried to kill themselves and sending them to jail for several years is not only ineffective but also counterproductive.

Instead, Atwoli advocated for a more nuanced approach that involves social, behavioural, and mental health experts. He believed that by adopting a variegated lens that goes beyond legalistic instincts, Kenya can address mental health issues in a more effective and compassionate manner.

Lukoye Atwoli is Associate Professor of Psychiatry at Moi University School of Medicine.

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